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Velasquez-Samayoa v. Garland
Board of Immigration Appeals erred by failing to assess petitioner's aggregate risk of being tortured where petitioner posited two alternative theories of why he would be tortured if removed.
Immigration 9th Jun. 27, 2022
Richards v. County of San Bernardino
Plaintiff must only show a reasonable probability that alleged evidence fabrication in his murder case would lead to a different result since it implicated his right to a fair trial.
Civil Rights 9th Jun. 27, 2022
New York State Rifle & Pistol Assn., Inc. v. Bruen
New York's proper-cause requirement violated the Fourteenth Amendment by preventing law-abiding citizens with ordinary self-defense needs from exercising their Second Amendment right to keep and bear arms in public.
Constitutional Law USSC Jun. 24, 2022
Vega v. Tekoh
A violation of Miranda rules does not provide a basis for a 42 U.S.C. Section 1983 claim.
Civil Rights USSC Jun. 24, 2022
Nance v. Ward
42 U.S.C. Section 1983 is the procedural vehicle for prisoners' method-of-execution claims even if an order granting the relief requested would necessitate a change in state law to carry out the sentence.
Civil Rights USSC Jun. 24, 2022
Berger v. North Carolina State Conference of the NAACP
State legislative leaders were allowed to intervene in a case challenging the state's voter-ID law since their interests were not adequately represented by an Elections Board that had opposed the law.
Civil Procedure USSC Jun. 24, 2022
K.R. v. Superior Court (The Public Conservator of Napa County)
Petitioner retained the right to demand a jury trial as to whether she was gravely disabled since the hearing to establish a conservatorship was a "hearing," not a "bench trial."
Conservatorship 1DCA/3 Jun. 24, 2022
Modification: Casey v. Hill
Trial court erred in ruling that Missouri court's exercise of personal jurisdiction violated due process because trial court ignored the material jurisdictional facts that were sufficient to satisfy the jurisdictional inquiry.
Civil Procedure 4DCA/1 Jun. 24, 2022
People v. Montano
Gang enhancement trial bifurcation does not apply to first-degree murder gang special circumstance allegations under Section 190.2(a)(22).
Criminal Law and Procedure 5DCA Jun. 24, 2022
People v. Whitmore
The trial court's error in forcing a criminal defendant to appear via video at a hearing was harmless because there was no indication that appearing remotely affected the hearing's outcome.
Criminal Law and Procedure 4DCA/3 Jun. 24, 2022
People v. AWi Builders, Inc.
A motion seeking to disqualify a district attorney from pursuing a civil claim under the unfair competition law must be decided under Penal Code Section 1424(a) because it is an authorized duty of the district attorney.
Criminal Law and Procedure 4DCA/3 Jun. 24, 2022
Bowen v. Lin
The trial court erred when it concluded that attorney's breach of contract cause of action against his clients did not arise from protected activity.
Anti-SLAPP 2DCA/6 Jun. 24, 2022
Fowler v. Golden Pacific Bancorp.
The mere possibility that information could be used adversely to the corporation was not, on its own, sufficient to defeat a director's inspection rights under Corporations Code Section 1600.
Corporations 3DCA Jun. 24, 2022
Allen v. Santa Clara County Correctional Peace Officers Assoc.
Municipalities are entitled to a good faith defense to a suit brought by public-sector employees for a refund of mandatory union fees under 42 U.S.C. Section 1983.
Civil Rights 9th Jun. 24, 2022
Barlow v. State of Washington
Order
9th Jun. 24, 2022
Etemadi v. Garland
Order
9th Jun. 24, 2022
Shoop v. Cassano
Order
USSC Jun. 23, 2022
XPO Logistics Freight, Inc. v. Hayward Property, LLC
County assessor's division of property, for property tax purposes, could not be read as part of a contested property's legal description.
Real Property 1DCA/4 Jun. 21, 2022
City of Coronado et al. v. San Diego Assn. of Governments et al.
Trial courts lack jurisdiction to rescind Regional Housing Needs Assessment allocation plans because the Legislature clearly intended to preclude judicial intervention in RHNA procedures.
Government 4DCA/1 Jun. 21, 2022
St. Paul Fire & Marine Ins. Co. v. AmerisourceBergen Corp.
Stay of case was appropriate pending resolution of case in sister state where exact issues applied and more than 10 million pages of documents had already been generated in discovery.
Civil Procedure 4DCA/3 Jun. 22, 2022
U.S. v. Washington
Because it facially discriminates against the Federal Government and does not fall within 40 U.S.C. Section 3172's waiver, a Washington workers' compensation law was unconstitutional under the Supremacy Clause.
Constitutional Law USSC Jun. 22, 2022
U.S. v. Taylor
Attempted Hobbs Act robbery did not qualify as a "crime of violence" under U.S.C. Section 924(c) since no element of the offense required proof that defendant actually used or threatened force.
Criminal Law and Procedure USSC Jun. 22, 2022
Shoop v. Twyford
Order allowing prisoner to search for new evidence was not "necessary or appropriate in aid of" a federal court's adjudication of a habeas corpus action.
Criminal Law and Procedure USSC Jun. 22, 2022
Marietta Memorial Hospital Employee Health Benefit Plan v. DaVita Inc.
Low healthcare plan reimbursements for dialysis services did not violate the Medicare Secondary Payer statute where the plan applied uniformly to all participants.
Health Care USSC Jun. 22, 2022
Carson v. Makin
Maine's "nonsectarian" requirement for otherwise generally available tuition assistance payments violated the Free Exercise Clause.
Constitutional Law USSC Jun. 22, 2022
P. v. Basler
Where eligibility for relief under Penal Code Section 1170.95, the resentencing statute, requires an evidentiary hearing, a defendant has a right to be present at that hearing absent a valid waiver.
Criminal Law and Procedure 4DCA/1 Jun. 22, 2022
In re Marriage of Deal
A vexatious litigant's appeal of an order denying his request to file new litigation was dismissed as frivolous because it completely lacked merit and was intended to delay.
Civil Procedure 1DCA/3 Jun. 22, 2022
Garcia v. Superior Court
Federal regulations prohibiting California from enforcing its meal and rest break requirements for drivers had no retroactive preemptory effect and should be applied prospectively.
Employment Law 2DCA/5 Jun. 22, 2022
Roe v. Wade
States cannot prevent a woman from terminating a pregnancy pre-viability, but the State's interest in the potential life becomes compelling after viability such that they may regulate abortion.
Constitutional Law USSC Jun. 24, 2022
People v. Richardson
Defendant's statement to, "Shoot him. Shoot him," evidenced him to be a major participant in a felony murder and ineligible for Penal Code Section 1170.95 resentencing.
Criminal Law and Procedure 4DCA/2 Jun. 20, 2022